Port Tobacco times, and Charles County advertiser., 1887-12-16

wAish q read 10 e.iabli,hSv .slons en-.
thereon. and CO. sequenly any pne permitting
bis stock to run q, large for rs psrpo.s 70 .
trespasser. II is igh time ,hs, this evil shoald
he corrected; and ue copy tn. folle-isg dsci-
sion OF one OF our couu,y courts TO aid in az
effort 10 abare this serious nuisance Jsdr.
Wiekes. in The T.Ibo, count eourt, delivered
the opinion Of the court in the case o Price "
Oliver, hich arose out ofth. trsspass Of divers
cattle upon Prices enclosafe, and the dsci.ion
is an important one 10 The farmers Of this State,
as il viriuslIy ensc,s q stock l.u where that
Law doe. not airsad, prevail We give below
the main points Of the decision as reported BY
the Talbot paper
The court held that the Common law in re-
gard TO uesps.ing cst;ls, etc, is 10 force SOW
in Maryland and tha, the rue Of Law 10 that .
person is only bouud 10 take care that his cattle
do not wander from bis own land and ir.spas,
upon the land OF Others; that h.nc. is for the
purpose Of keeping your own stock st home,
and not TO kesp other stock o6; and il any one
is dsnseed By asoiher's stock trespasssx on
bis land, woodland or marsh land, be c.n re-
cover damages from the owner Of the stock 80
,respsssing. The eour, also held tha, under
the statute law Of Nsryland (..,icle 81. title
"Es'rsy Or Tre.passiog Cattle, - a person had
three remedies for the tespassinE On bis .s
closure by any cattle, horses, she-p, hogs or
domestic animal.
IL faku ~
sonable time thereafter go before . justice Of
the peace aud make sfidasi, that be took up
the animal as sn estrsy, and publish said
affidavit aud justice certificate, etc. II he CON-
plies with the Law be can recover all expenses
Incurred 10 taking up the estrsy and keeping it,
including the cost Of advertising. If any ose
ssais himself Of the remedy, he cannst recover
damages for the injury oons.
2. Any person sgsrieved by the trespsss up
on bis enclosure of any cattle may inpound the
same ssd have TIE damage sustaissd by the
trsspsss appraised by two disinter-sted persnrs:
nd unless the damage and q reasonable COM
pensa ton for feeding the property IDposnded
are paid, may. at the expiration of ten days,
sell the same at public auction, BY giving the
notice required by the statute. This remedy
seems to apply v here the ow ner OF the cattle is
not known.
3 lfsny cattle, etc. trespassiBg on the sn
closures of any person BE- distrained doing dam.
age, the owner Of which is known, If the ner
do not tend compensation for the damage within
Eve days after such distress aod notice given to
bin, then the party taking up ssch cattle, ETC.,
nsy, by complying with the siatsts, have the
property sold, and retain enough 10 pay him
for the damages he has sustained and all
charges arising from such ,respsss
Amy one aggrie'-d BY the trespass on bis
property Of any cattle. horses, hogs, etc, has
funr complete remedies Tone at common law
and three by the statute laws Of the Stats) and
if be choose to take all Ills fences wn be can
recover damages for any tresrsss on bis land,
and can impound, keep, and il necessary, sell
the animal Tor its trespass and damage. Any
cattle, horses, hogs. etc. Can be taken up and
impounded, when found trsspassing on the
high ways and public roads. by the owner Of the
property adjoining such roads, as the herbags.
grass, &C, belong to the owner of the sdjoin
ing property, and the public only have an
easement 10 the said roads,"